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The EC Competition Law (Articles 84 and 85)Enforcement Regulations 2001

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Interpretation and supplemental

21.—(1) In these rules:—

(a)“agreement” shall be construed by reference to regulation 2(3);

(b)“applicant” means:

(i)in rules 2, 3(2), 4(2) and (3), 5(2), (3), (4) and (6), 6, 7(3) and 20(2) and (3)(b) above and paragraph (1)(i) below, person who is making the application; and

(ii)in rules 4(4), 10, 11, 12, 15(3)(a) and 20(4), (5) and (7) above, person who has made the application;

(c)information is confidential if it is:

(i)commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the undertaking to which it relates; or

(ii)information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm his interests;

(d)“Form ERN” means, subject to rule 4(3) above:

(i)the information, including any supporting document, required by the Annex hereto; and

(ii)the declaration made in the form set out in Part 2A of the Annex hereto;

(e)“internal” document includes the following:

(i)a document produced within the office of either the Director or a regulator concerning a case; and

(ii)correspondence between the Director and a regulator, or between regulators, concerning a case; and

(iii)correspondence between the Director, or a regulator, and a government department or another competition authority, concerning a case;

(f)“an officer” means an investigating officer within the meaning of regulation 13(1) or a named officer of the Director authorised by a warrant issued under regulation 14;

(g)“regulator” has the meaning given to it by section 54 of the Act;

(h)“working day” means day which is not Saturday, Sunday or any other day on which the Office of Fair Trading is closed for business; and

(i)“other party” in relation to conduct of two or more persons, means one of those persons other than the applicant.

(2) Where the Director, if he proposes to take action, is required to consult a person, he shall:

(a)except where otherwise indicated, give written notice to that person; and

(b)state in that notice the action he proposes, his reasons for it and the period within which that person may make written representations to him on these matters.

(3) Where the Director, if he proposes to take action:

(a)is required to consult the public; or

(b)proposes to consult the public in exercise of his discretion to do so,

he shall publish a notice stating the action he proposes, his reasons for it and the period within which written representations may be made to him on these matters, and shall, subject to rules 17 and 18(2) above, consult any third party (being in relation to the agreement or conduct concerned, a person who is not a party to the agreement or who has not engaged in the conduct) who appears to him likely to be affected by the action he proposes.

(4) Where the Director is required to publish a decision, a proposal or any other information, he shall do so by means of entry in the register maintained by him under rule 7 above.

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